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BOLES v. AUTERY

1900512.

584 So.2d 519 (1991)

Kenneth BOLES and Hazel N. Boles v. James T. AUTERY, et al.

Supreme Court of Alabama.

July 26, 1991.

Attorney(s) appearing for the Case

G. Houston Howard II of Howard, Dunn, Howard & Howard, Wetumpka, for appellants.

J. Robert Faulk, Prattville, for appellees James T. Autery, Sr., Willene Autery, Cecil Charlton Buford, William O. Pace, Myrtle D. Pace and Autauga County, Alabama.

George P. Walthall, Jr. and Cynthia A. Talley, Prattville, for appellees Levi B. Welch, Ella B. Welch and Alabama Sports Soc., Inc.

John M. Milling, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellees Aronov Realty Co., Inc. and Traywick Dickson.

ON APPLICATION FOR REHEARING

SHORES, Justice.

The opinion of May 31, 1991, is withdrawn and the following is substituted therefor.

This is the second time this case has come before this Court. See Boles v. Autery, 554 So.2d 959 (Ala.1989). The controversy concerns whether a road is private or public. In the first appeal, we reversed and remanded on the third-party...

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